PRINTER'S NO. 2037
No. 1682 Session of 1989
INTRODUCED BY O'BRIEN, GIGLIOTTI, KOSINSKI, GEIST, BILLOW,
E. Z. TAYLOR, TRELLO, BISHOP, VROON, CORRIGAN AND CIVERA,
JUNE 13, 1989
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, JUNE 13, 1989
AN ACT
1 Providing for leases in vacation home parks; providing for
2 causes of action and for remedies; and conferring powers and
3 duties on the Attorney General and district attorneys.
4 TABLE OF CONTENTS
5 Section 1. Short title.
6 Section 2. Definitions.
7 Section 3. Disclosure of fees.
8 Section 4. Appliance installation fees.
9 Section 5. Entrance and exit fees.
10 Section 6. Other fees.
11 Section 7. Recording of leases.
12 Section 8. Right to organization.
13 Section 9. Park rules and regulations.
14 Section 10. Evictions.
15 Section 11. Retaliatory evictions.
16 Section 12. Waiver of rights.
17 Section 13. Damages.
18 Section 14. Restraining prohibited acts.
1 Section 15. Enforcement.
2 Section 16. Applicability.
3 Section 17. Effective date.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title.
7 This act shall be known and may be cited as the Vacation Home
8 Park Tenants' Rights Act.
9 Section 2. Definitions.
10 The following words and phrases when used in this act shall
11 have the meanings given to them in this section unless the
12 context clearly indicates otherwise:
13 "Owner." A person who owns or operates a vacation home park.
14 "Rent." Ground rent for a space.
15 "Resident." A lessee of real property in a vacation home
16 park, whether or not a vacation home has been constructed on the
17 leased real property.
18 "Service charges." Charges for utilities and services.
19 "Space." A plot of ground in a vacation home park designated
20 for one vacation home.
21 "Vacation home." A building that is constructed as a
22 residence and that is:
23 (1) situated on a piece of real property leased for a
24 term of at least ten years;
25 (2) owned by the lessee of the real property; and
26 (3) used primarily on weekends or for recreational
27 purposes.
28 "Vacation home park." A site upon which there are at least
29 three actual or planned vacation homes.
30 Section 3. Disclosure of fees.
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1 Rent, fees, service charges and assessments shall be fully
2 disclosed in writing to a resident prior to the acceptance of an
3 initial deposit. Failure to disclose rent, fees, service charges
4 and assessments shall render them void and unenforceable.
5 Increases in fees, service charges and assessments shall be
6 unenforceable until 30 days after notice has been posted in the
7 vacation home park and mailed to the resident. Rent may not be
8 increased during the term of the lease.
9 Section 4. Appliance installation fees.
10 No owner may restrict the making of interior improvements in
11 a vacation home so long as the improvements are in compliance
12 with applicable building codes and other provisions of law. No
13 owner may restrict the installation, service or maintenance of
14 an appliance in a vacation home nor charge a fee for
15 installation unless the fee reflects the actual cost to the
16 owner.
17 Section 5. Entrance and exit fees.
18 Entrance and exit fees may not be charged.
19 Section 6. Other fees.
20 A resident shall have the right to invite to the resident's
21 vacation home social and business visitors. No fee may be
22 charged for overnight visitors or guests occupying a resident's
23 vacation home. If visitors or guests so frequently remain
24 overnight for residential purposes so as to increase the number
25 of persons normally living in the vacation home, the owner may
26 revise the rent due to conform to the rent paid by other
27 residents with a like number of members in their household.
28 Section 7. Recording of leases.
29 A resident may record the lease in accordance with law.
30 Section 8. Right to organization.
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1 Vacation home park residents shall have the right of self
2 organization.
3 Section 9. Park rules and regulations.
4 The owner may establish fair and reasonable rules and
5 regulations reasonably related to the health or safety or
6 residents in the park or to the upkeep of the park. Rules and
7 regulations shall be included in written leases signed on or
8 after the effective date of this act and shall be delivered to
9 existing residents. Rules and regulations shall also be posted
10 in a conspicuous and readily accessible place in the vacation
11 home park. Rules and regulations shall be uniformly applied to
12 all residents or prospective residents. In addition, a copy of
13 this act shall be posted in a conspicuous and readily accessible
14 place in the vacation home park; and a copy of the following
15 notice shall be reproduced in capital, typewritten letters or in
16 ten-point boldface print and shall be given to each resident who
17 signs a lease on or after the effective date of this act:
18 IMPORTANT NOTICE REQUIRED BY LAW
19 The rules set forth below govern the terms of your lease
20 or occupancy agreement with this vacation home park. The law
21 requires all of these rules to be fair and reasonable.
22 You may continue to stay in this park during the term of
23 your lease as long as you pay your rent and other reasonable
24 fees, service charges and assessments hereinafter set forth
25 and abide by the rules of the park.
26 You may be evicted for any of the following reasons:
27 (1) Nonpayment of rent, or a violation of any other
28 provision of this lease for which the landlord is permitted
29 to terminate the lease.
30 (2) A second or subsequent violation of the rules of the
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1 vacation home park occurring within a six-month period.
2 You shall only be evicted in accordance with the
3 following procedure:
4 (1) A resident shall not be evicted by any self-help
5 measure.
6 (2) Prior to the commencement of any eviction
7 proceeding, the vacation home park owner shall notify you in
8 writing of the particular breach or violation of the lease or
9 park rules by certified or registered mail.
10 (i) In the case of nonpayment of rent, the notice shall
11 state that an eviction proceeding may be commenced if the
12 vacation home resident does not pay the overdue rent within
13 30 days from the date of service, and that an additional
14 nonpayment of rent occurring within one year of the giving of
15 the notice may result in immediate eviction proceedings.
16 (ii) In the case of a breach of the lease, other than
17 nonpayment of rent, or a second or subsequent violation of
18 the park rules within six months, the notice shall describe
19 the particular breach or violation. No eviction action shall
20 be commenced unless you have been notified as required by
21 this section. The vacation home park owner may commence
22 eviction proceedings for a breach of the lease, or for a
23 second or subsequent violation or breach of the park rules
24 within six months, at any time within 60 days of the
25 violation or breach.
26 You shall not be evicted when there is proof that the
27 rules you are accused of violating are not enforced with
28 respect to the other vacation home park residents or to
29 nonresidents on the park premises.
30 You are entitled to purchase goods or services from a
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1 seller of your choice, and the park owner shall not restrict
2 your right to do so.
3 Enforcement of the Vacation Home Park Rights Act is by
4 the Attorney General of the Commonwealth of Pennsylvania or
5 the District Attorney of the county in which the vacation
6 home park is located. You may also bring a private cause of
7 action. If your rights are violated, you may contact the
8 State Bureau of Consumer Protection or your local District
9 Attorney.
10 Section 10. Evictions.
11 (a) Permissibility.--A vacation home resident may be evicted
12 during the term of the lease only for any of the following
13 reasons:
14 (1) Nonpayment of rent or a violation of any other
15 provision of the lease for which the lease provides that the
16 lessor may terminate the lease.
17 (2) A second or subsequent violation of the rules of the
18 vacation home park occurring within a six-month period.
19 (b) Procedure.--
20 (1) A resident may not be evicted by a self-help
21 measure.
22 (2) Prior to the commencement of an eviction proceeding,
23 the owner must notify the resident in writing of the
24 particular breach or violation of the lease or park rules by
25 certified or registered mail. No eviction action may be
26 commenced without notice under this paragraph.
27 (i) In the case of nonpayment of rent, the notice
28 shall state that an eviction proceeding may be commenced
29 if the resident does not pay the overdue rent within 30
30 days from the date of service and that an additional
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1 nonpayment of rent occurring within one year of the
2 giving of the notice may result in immediate eviction
3 proceedings.
4 (ii) In the case of a breach of the lease other than
5 nonpayment of rent, or in the case of a subsequent
6 violation of the park rules, the notice shall describe
7 the particular breach or violation. The owner must
8 commence eviction proceedings for a breach of the lease,
9 other than nonpayment of rent, or for subsequent
10 violation or breach of the park rules within 60 days of
11 the violation or breach.
12 (c) Discrimination.--A resident may not be evicted during
13 the term of the lease if there is proof that the rules the
14 resident is accused of violating are not enforced with respect
15 to the other residents or to nonresidents on the park premises.
16 (d) Renewal.--Nothing in this section shall be construed as
17 requiring the owner to renew the lease of any resident.
18 Section 11. Retaliatory evictions.
19 Any action by an owner to recover possession of real property
20 from a resident or to change the lease within one year of a
21 resident's assertion of rights under this act or any other law
22 shall raise a presumption that the action constitutes a
23 retaliatory eviction by the owner in violation of this act. Such
24 a presumption may be rebutted by competent evidence.
25 Section 12. Waiver of rights.
26 The rights and obligations of owners and residents under this
27 act may not be waived. A provision of an agreement attempting to
28 waive rights and obligations under this act is void.
29 Section 13. Damages.
30 An owner or resident aggrieved by a violation of rights under
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1 this act may institute an action to recover damages or for
2 restitution in a court of competent jurisdiction.
3 Section 14. Restraining prohibited acts.
4 If the Attorney General or a district attorney has reason to
5 believe that a person is violating this act and that proceedings
6 would be in the public interest, an action may be brought in the
7 name of the Commonwealth against the person to restrain the
8 violation by temporary or permanent injunction.
9 Section 15. Enforcement.
10 The Attorney General has the power and duty to enforce this
11 act. This section shall not prohibit a resident from bringing an
12 action to enforce a right or pursue a remedy conferred by this
13 act.
14 Section 16. Applicability.
15 (a) General rule.--Except as provided in subsection (b),
16 this act shall apply to leases for space regardless of the date
17 of execution of the lease.
18 (b) Specific rules.--Sections 3 through 6 and section 12
19 shall apply to leases for space executed on or after the
20 effective date of this act.
21 Section 17. Effective date.
22 This act shall take effect in 60 days.
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